Judgment of the General Court (Second Chamber) of 9 March 2010 – hofherr communikation v OHIM (NATURE WATCH)

(Case T-77/09)

Community trade mark – International registration designating the European Community – Word mark NATURE WATCH – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 23, 39)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 4 December 2008 (Case R 1410/2008-1) concerning the international registration, designating the European Community, of the word sign NATURE WATCH.

Information relating to the case

Applicant for the Community trade mark:	hofherr communikation GmbH
Community trade mark sought:	Word mark NATURE WATCH for goods and services in Classes 9, 39, 41 and 43 – international registration No WOO957541
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders hofherr communikation GmbH to pay the costs.